S T A T E O F N E W Y O R K
________________________________________________________________________
4457
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
___________
Introduced by M. of A. B. MILLER, FINCH -- read once and referred to the
Committee on Education
AN ACT to amend chapter 57 of the laws of 2012, relating to school
district eligibility for an increase in apportionment of school aid
and implementation of new standards for conducting annual professional
performance reviews to determine teacher and principal effectiveness,
in relation to providing a four percent across the board increase to
funding allocated to school districts in New York state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of part A of chapter 57 of the laws of 2012,
relating to school district eligibility for an increase in apportionment
of school aid and implementation of new standards for conducting annual
professional performance reviews to determine teacher and principal
effectiveness, is amended to read as follows:
Section 1. Notwithstanding any inconsistent provision of law, [no] ALL
school [district] DISTRICTS shall be eligible for an apportionment of
general support for public schools from the funds appropriated for the
2012-13 school year in excess of the amount apportioned to such district
for the same time period during the base year [unless such school
district has submitted documentation that has been approved by the
commissioner of education by January 17, 2013 demonstrating that it has
fully implemented new standards and procedures for conducting annual
professional performance reviews of classroom teachers and building
principals to determine teacher and principal effectiveness including
but not limited to providing for (i) state assessments and other compa-
rable measures which shall comprise twenty or twenty-five percent of the
evaluation; (ii) locally selected measures of the student achievement
subcomponent which shall comprise twenty or fifteen percent of the eval-
uation; (iii) subjective measures of effectiveness that have been
approved by the commissioner with the majority of such points based on
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06601-01-9
A. 4457 2
multiple observations by an administrator or principal with at least one
unannounced observation which shall comprise 60 percent of the evalu-
ation; and (iv) a scoring rubric which ensures that it is possible to
receive any one of four ratings limited to highly effective, effective,
developing and ineffective; provided however that if any such payments
in excess of the amount apportioned to such district for the same time
period during the base year were made, and the school district has not
submitted documentation that it has fully implemented new standards and
procedures as set forth above that has been approved by the commissioner
of education by January 17, 2013, the total amount of such payments
shall be deducted by the commissioner from future payments to the school
district; provided further that, for the 2012-13 school year if such
deduction is greater than the sum of the amounts available for such
deductions, the remainder of the deduction shall be withheld from
payments scheduled to be made to the school district pursuant to section
3609-a of the education law for the 2013-14 school year; provided
further that notwithstanding any inconsistent provision of law to the
contrary such documentation shall include a plan adopted by the govern-
ing board of the school district for conducting annual professional
performance reviews of classroom teachers and building principals that
has been approved by the commissioner, and in order to be approvable
such plan shall conform with the requirements for conducting annual
professional performance reviews of classroom teachers and building
principals, including but not limited to (i) state assessments and other
comparable measures which shall comprise twenty or twenty-five percent
of the evaluation; (ii) locally selected measures of the student
achievement subcomponent which shall comprise twenty or fifteen percent
of the evaluation; (iii) subjective measures of effectiveness that have
been approved by the commissioner with the majority of such points based
on multiple observations by an administrator or principal with at least
one unannounced observation which shall comprise 60 percent of the eval-
uation; and (iv) a scoring rubric which ensures that it is possible to
receive any one of four ratings limited to highly effective, effective,
developing and ineffective; consistent with and conforms to a chapter of
the laws of 2012 amending the education law relating to annual profes-
sional performance review of classroom teachers and building principals
and the teacher evaluation appeal process in the city of New York, as
proposed in legislative bill numbers S.6732 and A.9554, and provided
further that for a school district in a city with a population of one
million or more, notwithstanding any inconsistent provision of law, no
such school district shall be eligible for an apportionment of general
support for public schools from the funds appropriated for the 2012-13
school year in excess of the amount appropriated to such district for
the same time period during the base year unless such school district
has submitted documentation that has been approved by the commissioner
by January 17, 2013 demonstrating that it has adopted an expeditious
appeals process pertaining to the annual professional performance review
of classroom teachers and building principals that is consistent with
and conforms to a chapter of the laws of 2012 amending the education law
relating to annual professional performance review of classroom teachers
and building principals and the teacher evaluation appeal process in the
city of New York, as proposed in legislative bill numbers S.6732 and
A.9554, and if any such payments in excess of the amount apportioned to
such district for the same time period during the base year were made,
and the school district has not submitted documentation that has been
approved by the commissioner by January 17, 2013 that it has adopted an
A. 4457 3
expeditious appeals process pertaining to the annual professional
performance review of classroom teachers and building principals that is
consistent with and conforms to a chapter of the laws of 2012 amending
the education law relating to annual professional performance review of
classroom teachers and building principals and the teacher evaluation
appeal process in the city of New York, as proposed in legislative bill
numbers S.6732 and A.9554, the total amount of such payments shall be
deducted by the commissioner from future payments to the school
district; and provided further that, for the 2012-13 school year if such
deduction is greater than the sum of the amounts available for such
deductions, the remainder of the deduction shall be withheld from
payments scheduled to be made to the school district pursuant to section
3609-a of the education law for the 2013-14 school year].
§ 2. Allocated aid provided pursuant to chapter 57 of the laws of 2012
relating to school district eligibility for an increase in apportionment
of school aid and implementation of new standards for conducting annual
professional performance reviews to determine teacher and principal
effectiveness, shall be distributed equally amongst all school districts
without regard to any formula established for the distribution of school
aid under the education law.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on the same date and in the same
manner as section 1 of part A of chapter 57 of the laws of 2012, took
effect.